HB238 Alabama 2016 Session

Under existing law, it is a Class C misdemeanor for a person to distribute harmful material to a minor. This bill would provide that it is a Class A misdemeanor for an employee of a K-12 public or private school to transmit obscene material to a student

This bill would also further provide for the penalties for certain sexual offenses by school employees perpetrated upon students and would subject certain school volunteers to the criminal penalties

Under existing law, certain out-of-court statements made by a child under 12 years of age are admissible in evidence in criminal proceedings involving child physical offense, sexual offense, and exploitation. This bill would specify that the out-of-court statements made by a child under 12 years of age at the time the statement was made are admissible in those proceedings

Under existing law, certain individuals and professionals are required to report suspected child abuse or neglect to law enforcement or the Department of Human Resources. This bill would reference a specific definition of child abuse or neglect for notification purposes

Under existing law, the Department of Human Resources licenses child care facilities and establishes minimum standards for their operation

A "child" is defined under the law as a person under 19 years of age, a person under the continuing jurisdiction of the Department of Human Resources, or a person under 21 years of age in foster care. This bill would authorize an individual under 19 years of age who has graduated from a high school with a Child Development Associate Credential to work in a day care center and would revise the definition of "day care center" to include pre-kindergarten

Also under existing law, there are no specific provisions providing penalties for sexual abuse by a foster parent and the offense would be prosecuted as any other sexual offense involving an adult and a minor. This bill would provide specific criminal penalties for sexual offenses by foster parents against foster children, and would specify that a conviction would subject a defendant to registration under the Alabama Sex Offender Registration and Community Notification Act

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to children; to add Section 13A-6-82.1, to the Code of Alabama 1975, to create the crime of a school employee transmitting obscene material to a student; to amend 13A-6-80, 13A-6-81, 13A-6-82, Code of Alabama 1975, relating to sexual conduct by school employees, to further provide for the crimes of sexual contact or soliciting a sex act with a student; to amend Section 15-25-31, Code of Alabama 1975, to provide for the admissibility of certain out-of-court statements by children under the age of 18 years in certain child abuse and neglect criminal proceedings; to amend Section 26-14-3, Code of Alabama 1975, to reference a specific definition of child abuse and neglect in mandatory child abuse and neglect reporting provisions; to amend Section 38-7-2, Code of Alabama 1975, to revise the definition of day care center; to add Section 38-7-20 to the Code of Alabama 1975, to authorize an individual under 19 years of age with certain credentials to work in a day care center; to provide specific criminal penalties for sexual offenses by foster parents against foster children; to amend Section 15-20A-5, Code of Alabama 1975, as last amended by Act 2015-463, to specify that a conviction of a sex offense by a foster parent would subject a defendant to sex offender registration; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.